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 Whales and You
Facilitated by Ocean Journeys LLC

RELEASE OF LIABILITY AND

WAIVER OF CLAIMS AGREEMENT

 

PLEASE READ CAREFULLY BEFORE SIGNING. ALL PERSONS MUST READ AND SIGN THIS AGREEMENT BEFORE PARTICIPATION IN THE “ WHALES AND YOU” PRO­GRAMS.

I acknowledge that I have voluntarily applied to participate in the Whales And You program.

1. I hereby certify that I am in good health and that I am physically, emotionally and mentally capable of taking part in activities of the “Whales and You” program. I understand these activities may involve physical and non-physical exertion, which will include exposure to changing weather conditions, close interaction with the ocean, and unforeseen challenges.

I understand that this program is not recognized by traditional medical associations as “therapeutic” and neither “Whales And You” nor the facilitator, have made any unsubstantiated medical claims or representations of cures.

2. I am aware of and I will obey the laws that there are prohibiting areas at sea. I am personally responsible for obeying all such laws and avoiding any harassment of ocean life and for avoiding any acts that would damage the sea life or otherwise degrade the natural environment.

3. I acknowledge and agree that the “Whales And You” program can be terminated at the discretion of the facilitator of any reason. In such event, I will receive a prorated refund of the program fee. If I withdraw from the program for any reason whatsoever, no part of the program fee shall be refunded and any unpaid portion thereof shall become due and payable immediately.

4. I acknowledge and agree that all material used and captured during the program is and shall remain the sole property of “Whales And You” exclusively for its own use and that my retention, publication, dissemination or use (other than within the program) of such material is prohibited without prior written authorization.

5. In consideration of my participation in the “Whales and You” program, I do hereby waive, release and discharge “Whales and You”, Roberts Hawaii, and their agents, owners, employees, and assigns for any and all losses of property, personal injuries, damages and claims, or injuries resulting in death, due to any negligence on my part while taking part in the “Whales and You” program.

6. I acknowledge that agreement if to bind me, my heirs, my estate, assigns, legal guardians and personal representative. I agree that this release and waiver agreement is intended to be as broad and inclusive as permitted by the laws of State of Hawaii and that if any part of this agreement is held to be invalid, I agree that the rest shall continue to have full legal force and effect.

7. I agree and give permission to Ocean Journeys LLC, Dolphins and You dba in the event that photographs were taken of myself during activity may be used for the purpose of advertisement or promotional materials used and produced by Ocean Journeys LLC, Dolphins And You dba and their agents.

8. I understand that Whales And You’s program is subject to change at a point during the tour depending on the weather, ocean conditions, and other natural conditions.

I further state that I am of lawful age and legally competent to sign this release and waiver, or that my parents or guardians’ signature are included below.

I understand that the terms herein are contractual and not a mere recital and that I have signed this document of my own free will.

THIS IS A RELEASE OF LIABILITY. DO NOT SIGN THIS AGREEMENT IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS.


First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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